2016 (6) TMI 1067 - AT - Customs

Import of restricted goods being secondary and defective C.R. Coils at ICD Ludhiana - levy of redemption fine and penalty - appellant has paid duty @ 10% which is payable on defective and secondary material - Held that - the secondary and defective goods cannot be imported through the ICD Ludhiana - goods are liable for confiscation - redemption fined reduced to Rs. one lakhs - Penalty waived. - Decided partly in favor of appellant.

Summary

Issues:
Appeal against redemption fine and penalty due to mis-declaration of imported goods.

Analysis:
The appellant imported Baby C.R. Coils, declared as prime quality but found to be secondary and defective. The chartered engineer's report confirmed the goods' actual condition. Duty was paid at 10% instead of 7.5% for prime quality material. The Commissioner (Appeals) reduced the redemption fine and penalty, leading to the current appeal.

The appellant argued that the goods were mishandled, causing rusting and bending, but were still prime quality. Citing inconsistency in the engineer's report, the appellant claimed no redemption or penalty should apply. Alternatively, they referenced a previous Tribunal case to support their stance.

The respondent contended that mis-declaration aimed to avoid higher duty rates for secondary goods. Import restrictions and licensing requirements for such goods at ICD Ludhiana justified the redemption fine and penalty.

The Tribunal noted the discrepancy between the declared prime quality and the actual secondary and defective nature of the goods. Relying on a previous case, the Tribunal upheld the confiscation of goods. However, considering the minor breach of import regulations at ICD Ludhiana, the redemption fine was reduced to ?1 lakh, and no penalty was imposed on the appellant.

In conclusion, the appeal was disposed of with the mentioned terms.